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Judge upholds blocking of furloughs
A federal judge in Albany on Friday granted a preliminary injunction blocking Gov. David Paterson from furloughing state workers, including UB and other SUNY employees, in an effort to address the state’s growing budget deficit.
U.S. District Judge Lawrence Kahn also blocked any additional delays to the 4 percent pay raises that were due employees on April 1.
Kahn determined that the public employees unions that sued to block the furloughs met their burden of showing that the furlough and the delay in salary increase would cause irreparable harm to union members. In addition, the budget crisis alone is not sufficient cause to justify breaking a contract, the judge ruled.
Under the furlough plan, which the Legislature had approved on May 10 as part of an emergency appropriations bill to keep state government running in the absence of a budget, employees would have taken an unpaid day off every week until a final budget was enacted.
Four public employee unions—CSEA, PEF and UUP, all of which represent UB employees, as well as the Professional Staff Conference-CUNY—had filed lawsuits, accusing Paterson of breaking collective-bargaining agreements that are in effect until 2011. The unions claim the furloughs are a violation of union members’ rights under the U.S. Constitution.
Kahn issued a preliminary restraining order on May 12, and heard arguments from both sides on May 26.
It was not known Friday if the Paterson would appeal the decision.
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